A spa manager at the renowned Carnoustie Links golf course has had her constructive unfair dismissal claim thrown out by an employment tribunal. Sharon Anfield had scheduled herself to work ten consecutive days at the spa, which is part of the Carnoustie Golf Hotel, before resigning and subsequently suing her employer.
Anfield, who was responsible for her own work rota and that of her staff, had arranged to work from December 14 to December 24, a period of ten days, due to last-minute staff shortages. The tribunal heard that neither the hotel management nor her colleagues were aware of the consecutive days she had scheduled for herself. She had been contracted to work 40 hours a week over five days, with the possibility of weekend shifts due to the nature of spa work. While it was theoretically possible to work across two calendar weeks without a break, her ten-day stretch was not initially flagged as an issue.
Anfield resigned from her position on December 29, stating that she had "couldn't take it any more" after working the ten days. She claimed she was forced to resign due to the unreasonable working days, despite having arranged the schedule herself. The tribunal noted that the operational demands arose from staffing shortages beyond the hotel's control, and that Anfield's decision to work the extended period was her own in response to these demands. Employment Judge Michelle Sutherland ruled that working ten consecutive days did not breach the Working Time Regulations or the terms of her contract. The judge also found that the hotel was unaware of the extent of her consecutive working days and that she had not raised it as a concern. Consequently, the claim of constructive unfair dismissal was dismissed, as was a further claim for unlawful deduction from wages. Anfield had joined the spa in May 2018 and was promoted to manager in the months prior to the incident. Carnoustie Links, a world-renowned golf course that has hosted The Open eight times, comprises a 96-bedroom luxury hotel and spa.